Preview
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IN THE CIRCUIT COURT FOR THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR
COLLIER COUNTY, FLORIDA CIVIL ACTION
MABLE SPEARS EASTERLY, D ORIGINAL
Plaintiff(s),
vs. CASE NO: 09-6248-CA-01-HDH 2
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eo, fo gm 3,
HOLLY JANE BUTLER and ck su alte, { x SO
RACHEL BETH OFFUTT, Chess Rey a
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Defendant(s). al
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/ p 3S
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ORDER SCHEDULING CASE MANAGEMENT CONFERENCE
The Court has scheduled a case management conference in this case, before the Case
Manager, John Carter, pursuant to Florida Rule of Civil Procedure 1.200(a), and Florida Rule of
Judicial Administration 2.545, on March 18, 2011at 10:30 A.M., in Courtroom/Hearing
Room 3-3, Collier County Courthouse, 3315 East Tamiami Trail, Naples, FL 34112.
1. Prior to Case Management Conference. Each counsel must confer with his or her
client(s) prior to the case management conference in order to determine the client’s position with
respect to settlement, pleading, admissions, and other matters that require the consent of the
client. Counsel shall be prepared to make the representation that this conference has taken place.
Trial counsel and those parties who are not represented by counsel (hereinafter referred to as
“pro se” parties) must confer not later than 14 calendar days prior to the case management
conference and discuss agreements on as many of the issues listed below in paragraph 2.A. as
possible. Trial counsel and/or the parties shall be prepared to discuss the possibility of
settlement of the case. Trial counsel and pro se parties shall work together to agree on the
provisions of an agreed Case Management Plan, in the form attached hereto, and shall be
prepared to discuss any unresolved issues at the Case Management Conference.sanioiao“_~ —
2. Case Management Conference. Trial counsel and pro se parties must personally
appear and attend the case management conference. Those attending shall bring their personal
calendars to the case management conference. Those attending must have a thorough
knowledge of the case, be prepared to discuss it and make stipulations and admissions when
appropriate.
A. Those attending must be prepared to discuss:
i, Scheduling or rescheduling deadlines for the service of motions, pleadings and other
papers. This shall include adding, dropping or amending claims or defenses and adding or
dropping parties.
ii, Determining the existence of issues that may be severed and/or resolved pre-trial.
iii. Limiting, scheduling, ordering and expediting discovery. This shall include the desirability
of creating document depositories and addressing the handling of privilege and confidentiality claims.
iv. Scheduling hearings and/or deadlines for motions (including motions addressed to the
pleadings, motions to declare the case “complex” pursuant to Florida Rule of Civil Procedure 1.201(a)
and motions for summary judgment), mediation, alternative dispute resolution and other conferences.
v. Requiring interim status reports, and determining other matters that may aid in the
disposition of the action and resolution of pretrial motions, discovery and preparation for mediation,
alternative dispute resolution and trial.
vi. Determining whether issues can be narrowed by the filing of preliminary stipulations.
vii. Organizing counsel to include the designation of lead counsel and liaison counsel, the role
of other counsel, and responsibility for the preparation and maintenance of a service list.
viii. Establishing procedures for addressing emergencies, including the use of telephone
conferences.
ix. Identifying present or potential future related litigation, including the transfer and
consolidation of intra-circuit civil cases; civil cases in other circuits; and/or criminal proceedings and
2investigations.
x. If the case is filed as a class action: establishing a procedure, discovery schedule and
deadlines, and a hearing date to determine the issue of class certification, to include a briefing schedule,
exchange of witness and exhibit lists, and clarifying disputed issues of fact and law.
xi. Estimating the time needed for trial and setting a tentative trial date.
xii. Any of the issues set forth in Florida Rule of Civil Procedure 1.200(a).
B. At the case management conference, the Case Manager will address the unresolved
provisions of the Case Management Plan and submit a proposed plan for the court’s consideration and
approval.
C. The proceedings at the case management conference shall be informal and will not be
reported unless requested by a participant who makes prior arrangements with the court reporter.
3. Referral of discovery matters to the General Magistrate. In any civil case before the
Court, discovery motions and other appropriate pending matters may be referred to the General
Magistrate for hearing pursuant to an Order of Referral to Magistrate. Any party wishing to object to
the referral of a matter to the General Magistrate must file an objection no later than the day of the
scheduled hearing. The failure to timely object to the referral as set forth herein shall constitute a
waiver of any objection to such referral.
4. Alternative to attending Case Management Conference. As an alternative to attending a
case management conference, counsel and pro se parties may comply with this order by submitting an
“Agreed Case Management Plan,” in the form attached hereto, to:
CASE MANAGER, JOHN CARTER C/O MAGISTRATE’S OFFICE, ATTENTION SHERRY, AT THE
COLLIER COUNTY COURTHOUSE, 3315 TAMIAMI TRAIL E., SUITE 509, NAPLES, FL 34112.
The Plan must be signed by all counsel and pro se parties and received by the Civil Case Manager not
later than 7 calendar days prior to the conference. The Plan will also be considered timely if the
parties submit a courtesy copy of the signed original to the Civil Case Manager via facsimile @ 239-
3252-8870 or e-mail transmission: jcarter@ca.cjis20.org, not later than 7 calendar days prior to the
conference, and if the original is mailed or hand delivered on the same day along with self-addressed
and stamped envelopes for all parties. Upon written approval by the Court, the original Plan will be
filed with the Clerk of Court, a copy served on all counsel and/or parties of record, and the case
management conference shall be cancelled. If the Court does not approve of the Plan, the case
management conference will not be cancelled.
5. Sanctions. Counsel and/or parties are hereby cautioned that misconduct, failure to attend the
case management conference or noncompliance with the terms of this order may result in sanctions by
the Court. Sanctions may include the assessment of special costs, including attorney’s fees, the striking
of pleadings and/or the dismissal of the action.
DONE AND ORDERED in Naples, Collier County, Florida on this / Z day of February,
Lip) oe
a Hugh L® Hayes
Circuit Judge + ««.-.
2011.
Conformed copies provided to Counsel/Parties of Record
Mark A. Steinberg, Esq.
Quentin B. Fairchild, Esq.
01 %on 2(19 [1
AMERICANS WITH DISABILITIES ACT
“IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF
CERTAIN ASSISTANCE. PLEASE CONTACT THE ADMINISTRATIVE
SERVICES MANAGER WHOSE OFFICE IS LOCATED AT 3315 EAST
TAMIAMI TRAIL, BUILDING L, NAPLES, FLORIDA, 34112, AND WHOSE
4TELEPHONE NUMBER IS (239) 252-8800, WITHIN TWO (2) WORKING DAYS
OF YOUR RECEIPT OF THIS ORDER. IF YOU ARE A HEARING OR VOICE
IMPAIRED, CALL 711.”oN o~
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR
COLLIER COUNTY, FLORIDA CIVIL ACTION
Plaintiff(s),
vs.
Case No.
Defendant(s)
AGREED CASE MANAGEMENT PLAN AND ORDER
The parties hereby submit the following Agreed Case Management Plan to the Court for approval:
Case Track Assignment! (check one — must be completed for cases filed 1/1/10 or thereafter):
Expedited Track (Case resolved within 12 months);
(It is recommended that discovery and an alternative dispute resolution be completed
within 270 days after the complaint is filed and a final disposition entered within 365
days after the complaint is filed)
Standard Track (Case is resolved within 18 months);
(It is recommended that discovery and an alternative dispute resolution be completed
within 450 days after the complaint is filed and a final disposition entered within 540
days after the complaint is filed)
Complex Track (Case resolved within 2 years)
(Case will likely be declared complex per Florida Rule of Civil Procedure 1.201)
Case Deadlines and Events
DEADLINE OR EVENT AGREED DATE
Statement of Facts and/or Counterclaim(s)
Plaintiff(s):
Defendant(s):
Identification of facts the parties believe to be disputed Plaintiff(s):
Defendant(s):
Identification of the issues of law to be decided by the Court
Motions to Add Parties or to Amend Pleadings
Disclosure of Fact Witnesses
Plaintiff(s):
Defendant(s):
* case disposition times for all Case Tracks have been established in accordance with Florida Rule of Judicial Administration
2.250(a)(1)(B). Although Standard and Complex Track cases may or may not be resolved with a jury trial, it is expected that Expedited
Track cases will be resolved without a jury trial.DEADLINE OR EVENT
AGREED DATE
Disclosure of Expert Witnesses
Plaintiff(s):
Defendant(s):
Filing of Exhibit List
Plaintiff(s):
Defendant(s):
Discovery Deadline for Fact Witnesses
(All discovery must be commenced in time to be completed before this date)
Plaintiff(s):
Defendant(s):
Expert Opinion Available to Opposing Party
(It is recommended that the last exchange occur 4 months before trial and
1-2 months before discovery deadline to allow time for expert depositions.
This does not require a written report unless otherwise required by the rule.)
Plaintiff(s):
Defendant(s):
Discovery Deadline for Expert Witnesses
Plaintiff(s):
Defendant(s):
Completion of Alternative Dispute Resolution (ADR)
(Mediation is mandatory unless the parties agree to another form of ADR.
If early ADR is selected and it does not result in settlement or disposition of
this entire action, a case management conference will be scheduled within
45 days from the date of ADR )
Deadline:
Type of ADR:
Deadline for Filing Dispositive Motions
(Court requires filing not later than 10 days prior to the pretrial management
conference)
Pretrial Conference Date
(Unless early ADR is selected, a pretrial conference date will be scheduled
within 45 days of the date of ADR not resulting in settlement or disposition
of this entire action.)
An Order will be issued
by the Court scheduling
the Pretrial Conference.
Other Deadlines or EventsTrial Information
Estimated Date the Case Will Be Prepared To Go To Trial
(If counsel and unrepresented parties do not agree on the estimated
date on which the case will be prepared to go to trial, the Court may on
its own motion set the case for trial)
Estimated Length of Trial (specify the number of trial days):
Identification of Jury or Non-Jury Trial
The above-referenced schedule of deadlines will be strictly adhered to by the parties unless a change is otherwise
agreed to by the parties and approved by the Court. The Court will consider a request to approve changes to these
deadlines upon a showing of good cause by either party based on matters arising from an emergency nature or
unavailability. However, once the Agreed Case Management Plan has been approved by the Court, procrastination in
completing discovery or the unavailability of counsel will not constitute good cause for a change to these deadlines.
The failure to abide by these deadlines may result in sanctions by the Court, including the award of attorney’s fees, the
striking of pleadings, and/or a dismissal of the action.
Date:
Signature, address and telephone number of Counsel and Unrepresented Parties. Counsel must state Fl Bar number:
PLAINTIFF’S COUNSEL DEFENDANT’S COUNSEL
Address Address
Telephone # Telephone #
Fax # Fax #
E-Mail Address E-Mail Address
Florida Bar # Florida Bar #
Or, if pro se, PLAINTIFF or, if pro se, DEFENDANT
Address Address
Telephone # Telephone #
ORDER APPROVING AGREED CASE MANAGEMENT PLAN
THE COURT having reviewed the preceding Agreed Case Management Plan and finding it to be satisfactory, it is
ORDERED AND ADJUDGED that the Agreed Case management Plan is hereby APPROVED AND ALL
PARTIES SHALL ABIDE BY THE TERMS HEREIN.
DONE AND ORDERED in County, Florida on
Circuit Judge
Conformed Copies To:
Preview
~ “~ IN THE CIRCUIT COURT FOR THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION MABLE SPEARS EASTERLY, D ORIGINAL Plaintiff(s), vs. CASE NO: 09-6248-CA-01-HDH 2 x cs = eo, fo gm 3, HOLLY JANE BUTLER and ck su alte, { x SO RACHEL BETH OFFUTT, Chess Rey a o 2 Defendant(s). al o oa . / p 3S ~~ > ORDER SCHEDULING CASE MANAGEMENT CONFERENCE The Court has scheduled a case management conference in this case, before the Case Manager, John Carter, pursuant to Florida Rule of Civil Procedure 1.200(a), and Florida Rule of Judicial Administration 2.545, on March 18, 2011at 10:30 A.M., in Courtroom/Hearing Room 3-3, Collier County Courthouse, 3315 East Tamiami Trail, Naples, FL 34112. 1. Prior to Case Management Conference. Each counsel must confer with his or her client(s) prior to the case management conference in order to determine the client’s position with respect to settlement, pleading, admissions, and other matters that require the consent of the client. Counsel shall be prepared to make the representation that this conference has taken place. Trial counsel and those parties who are not represented by counsel (hereinafter referred to as “pro se” parties) must confer not later than 14 calendar days prior to the case management conference and discuss agreements on as many of the issues listed below in paragraph 2.A. as possible. Trial counsel and/or the parties shall be prepared to discuss the possibility of settlement of the case. Trial counsel and pro se parties shall work together to agree on the provisions of an agreed Case Management Plan, in the form attached hereto, and shall be prepared to discuss any unresolved issues at the Case Management Conference.sanioiao“_~ — 2. Case Management Conference. Trial counsel and pro se parties must personally appear and attend the case management conference. Those attending shall bring their personal calendars to the case management conference. Those attending must have a thorough knowledge of the case, be prepared to discuss it and make stipulations and admissions when appropriate. A. Those attending must be prepared to discuss: i, Scheduling or rescheduling deadlines for the service of motions, pleadings and other papers. This shall include adding, dropping or amending claims or defenses and adding or dropping parties. ii, Determining the existence of issues that may be severed and/or resolved pre-trial. iii. Limiting, scheduling, ordering and expediting discovery. This shall include the desirability of creating document depositories and addressing the handling of privilege and confidentiality claims. iv. Scheduling hearings and/or deadlines for motions (including motions addressed to the pleadings, motions to declare the case “complex” pursuant to Florida Rule of Civil Procedure 1.201(a) and motions for summary judgment), mediation, alternative dispute resolution and other conferences. v. Requiring interim status reports, and determining other matters that may aid in the disposition of the action and resolution of pretrial motions, discovery and preparation for mediation, alternative dispute resolution and trial. vi. Determining whether issues can be narrowed by the filing of preliminary stipulations. vii. Organizing counsel to include the designation of lead counsel and liaison counsel, the role of other counsel, and responsibility for the preparation and maintenance of a service list. viii. Establishing procedures for addressing emergencies, including the use of telephone conferences. ix. Identifying present or potential future related litigation, including the transfer and consolidation of intra-circuit civil cases; civil cases in other circuits; and/or criminal proceedings and 2investigations. x. If the case is filed as a class action: establishing a procedure, discovery schedule and deadlines, and a hearing date to determine the issue of class certification, to include a briefing schedule, exchange of witness and exhibit lists, and clarifying disputed issues of fact and law. xi. Estimating the time needed for trial and setting a tentative trial date. xii. Any of the issues set forth in Florida Rule of Civil Procedure 1.200(a). B. At the case management conference, the Case Manager will address the unresolved provisions of the Case Management Plan and submit a proposed plan for the court’s consideration and approval. C. The proceedings at the case management conference shall be informal and will not be reported unless requested by a participant who makes prior arrangements with the court reporter. 3. Referral of discovery matters to the General Magistrate. In any civil case before the Court, discovery motions and other appropriate pending matters may be referred to the General Magistrate for hearing pursuant to an Order of Referral to Magistrate. Any party wishing to object to the referral of a matter to the General Magistrate must file an objection no later than the day of the scheduled hearing. The failure to timely object to the referral as set forth herein shall constitute a waiver of any objection to such referral. 4. Alternative to attending Case Management Conference. As an alternative to attending a case management conference, counsel and pro se parties may comply with this order by submitting an “Agreed Case Management Plan,” in the form attached hereto, to: CASE MANAGER, JOHN CARTER C/O MAGISTRATE’S OFFICE, ATTENTION SHERRY, AT THE COLLIER COUNTY COURTHOUSE, 3315 TAMIAMI TRAIL E., SUITE 509, NAPLES, FL 34112. The Plan must be signed by all counsel and pro se parties and received by the Civil Case Manager not later than 7 calendar days prior to the conference. The Plan will also be considered timely if the parties submit a courtesy copy of the signed original to the Civil Case Manager via facsimile @ 239- 3252-8870 or e-mail transmission: jcarter@ca.cjis20.org, not later than 7 calendar days prior to the conference, and if the original is mailed or hand delivered on the same day along with self-addressed and stamped envelopes for all parties. Upon written approval by the Court, the original Plan will be filed with the Clerk of Court, a copy served on all counsel and/or parties of record, and the case management conference shall be cancelled. If the Court does not approve of the Plan, the case management conference will not be cancelled. 5. Sanctions. Counsel and/or parties are hereby cautioned that misconduct, failure to attend the case management conference or noncompliance with the terms of this order may result in sanctions by the Court. Sanctions may include the assessment of special costs, including attorney’s fees, the striking of pleadings and/or the dismissal of the action. DONE AND ORDERED in Naples, Collier County, Florida on this / Z day of February, Lip) oe a Hugh L® Hayes Circuit Judge + ««.-. 2011. Conformed copies provided to Counsel/Parties of Record Mark A. Steinberg, Esq. Quentin B. Fairchild, Esq. 01 %on 2(19 [1 AMERICANS WITH DISABILITIES ACT “IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE ADMINISTRATIVE SERVICES MANAGER WHOSE OFFICE IS LOCATED AT 3315 EAST TAMIAMI TRAIL, BUILDING L, NAPLES, FLORIDA, 34112, AND WHOSE 4TELEPHONE NUMBER IS (239) 252-8800, WITHIN TWO (2) WORKING DAYS OF YOUR RECEIPT OF THIS ORDER. IF YOU ARE A HEARING OR VOICE IMPAIRED, CALL 711.”oN o~ IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION Plaintiff(s), vs. Case No. Defendant(s) AGREED CASE MANAGEMENT PLAN AND ORDER The parties hereby submit the following Agreed Case Management Plan to the Court for approval: Case Track Assignment! (check one — must be completed for cases filed 1/1/10 or thereafter): Expedited Track (Case resolved within 12 months); (It is recommended that discovery and an alternative dispute resolution be completed within 270 days after the complaint is filed and a final disposition entered within 365 days after the complaint is filed) Standard Track (Case is resolved within 18 months); (It is recommended that discovery and an alternative dispute resolution be completed within 450 days after the complaint is filed and a final disposition entered within 540 days after the complaint is filed) Complex Track (Case resolved within 2 years) (Case will likely be declared complex per Florida Rule of Civil Procedure 1.201) Case Deadlines and Events DEADLINE OR EVENT AGREED DATE Statement of Facts and/or Counterclaim(s) Plaintiff(s): Defendant(s): Identification of facts the parties believe to be disputed Plaintiff(s): Defendant(s): Identification of the issues of law to be decided by the Court Motions to Add Parties or to Amend Pleadings Disclosure of Fact Witnesses Plaintiff(s): Defendant(s): * case disposition times for all Case Tracks have been established in accordance with Florida Rule of Judicial Administration 2.250(a)(1)(B). Although Standard and Complex Track cases may or may not be resolved with a jury trial, it is expected that Expedited Track cases will be resolved without a jury trial.DEADLINE OR EVENT AGREED DATE Disclosure of Expert Witnesses Plaintiff(s): Defendant(s): Filing of Exhibit List Plaintiff(s): Defendant(s): Discovery Deadline for Fact Witnesses (All discovery must be commenced in time to be completed before this date) Plaintiff(s): Defendant(s): Expert Opinion Available to Opposing Party (It is recommended that the last exchange occur 4 months before trial and 1-2 months before discovery deadline to allow time for expert depositions. This does not require a written report unless otherwise required by the rule.) Plaintiff(s): Defendant(s): Discovery Deadline for Expert Witnesses Plaintiff(s): Defendant(s): Completion of Alternative Dispute Resolution (ADR) (Mediation is mandatory unless the parties agree to another form of ADR. If early ADR is selected and it does not result in settlement or disposition of this entire action, a case management conference will be scheduled within 45 days from the date of ADR ) Deadline: Type of ADR: Deadline for Filing Dispositive Motions (Court requires filing not later than 10 days prior to the pretrial management conference) Pretrial Conference Date (Unless early ADR is selected, a pretrial conference date will be scheduled within 45 days of the date of ADR not resulting in settlement or disposition of this entire action.) An Order will be issued by the Court scheduling the Pretrial Conference. Other Deadlines or EventsTrial Information Estimated Date the Case Will Be Prepared To Go To Trial (If counsel and unrepresented parties do not agree on the estimated date on which the case will be prepared to go to trial, the Court may on its own motion set the case for trial) Estimated Length of Trial (specify the number of trial days): Identification of Jury or Non-Jury Trial The above-referenced schedule of deadlines will be strictly adhered to by the parties unless a change is otherwise agreed to by the parties and approved by the Court. The Court will consider a request to approve changes to these deadlines upon a showing of good cause by either party based on matters arising from an emergency nature or unavailability. However, once the Agreed Case Management Plan has been approved by the Court, procrastination in completing discovery or the unavailability of counsel will not constitute good cause for a change to these deadlines. The failure to abide by these deadlines may result in sanctions by the Court, including the award of attorney’s fees, the striking of pleadings, and/or a dismissal of the action. Date: Signature, address and telephone number of Counsel and Unrepresented Parties. Counsel must state Fl Bar number: PLAINTIFF’S COUNSEL DEFENDANT’S COUNSEL Address Address Telephone # Telephone # Fax # Fax # E-Mail Address E-Mail Address Florida Bar # Florida Bar # Or, if pro se, PLAINTIFF or, if pro se, DEFENDANT Address Address Telephone # Telephone # ORDER APPROVING AGREED CASE MANAGEMENT PLAN THE COURT having reviewed the preceding Agreed Case Management Plan and finding it to be satisfactory, it is ORDERED AND ADJUDGED that the Agreed Case management Plan is hereby APPROVED AND ALL PARTIES SHALL ABIDE BY THE TERMS HEREIN. DONE AND ORDERED in County, Florida on Circuit Judge Conformed Copies To: